Consensus on FCC legal authority for a particular method of C-band clearing remains elusive, judging by docket 18-122 comments posted through Friday on such issues as enforceable interference protection rights in the band. Parties jousted over the nature of satellite and earth station operators' rights and various proposals for clearing the 3.7-4.2 GHz band.
Senate Commerce Committee Chairman Roger Wicker, R-Miss., and other telecom-focused lawmakers are expected to move on legislation to improve FCC broadband coverage data collection process despite commissioners' planned Aug. 1 vote on a yet-to-be-released order on producing more-granular maps (see 1906120076). Officials and lobbyists believe further advancement of legislation like the Broadband Deployment Accuracy and Technological Availability (Data) Act (S-1822) could influence the direction in the pending order.
FCC Commissioner Brendan Carr told us he's ready to refer nonprofit educational broadband services to the Enforcement Bureau, based on letters he's sending to various institutions. Carr said any proceeds from the sale of licenses by nonprofits found to violate the rules could be used to pay for education. Commissioners will vote Wednesday on an order reallocating the 2.5 GHz to an auction.
Electric utilities have a mixed take on a proposal to reconfigure the 900 MHz band to allow for broadband, the Utilities Technology Council replied. Commissioners approved the NPRM in March, before that month's FCC meeting (see 1903130062). In initial comments last month, the plan got mixed reviews (see 1906050040), with the Association of American Railroads and others raising concerns. Replies were posted through Wednesday in docket 17-200.
5G rollout and a fully digital single market are top priorities for Europe's tech sector as the European Commission and Parliament begin a new five-year term, stakeholders said in interviews and statements. Other items on their wish-lists include fair competition rules and a push for faster deployment of fiber networks. The new EU term could also bring a bruising battle over internet intermediary liability.
No changes to the draft kidvid order have been suggested by FCC eighth-floor offices, said agency officials. And broadcast attorneys don’t expect much movement on the item before the July 10 commissioners' meeting. The FCC’s Democrats are expected to oppose the order. Though Commissioner Mike O’Rielly has described the item as “balanced,” the two sides appear far apart.
The draft order reallocating educational broadband service spectrum for 5G is controversial on the FCC eighth floor. Commissioners Jessica Rosenworcel and Geoffrey Starks are concerned and expected to raise questions when commissioners vote Wednesday, agency and industry officials said. But the major changes to are expected to address questions Commissioner Brendan Carr is raising about the business practices of national nonprofits using EBS licenses (see 1907020072).
The FTC should create a data protection bureau, the advertising industry asked in a final round of comments on policy hearings. Broadband, retail and financial groups backed a federal, pre-emptive privacy standard. A Google-linked researcher said there’s no economic evidence to suggest online platforms need access to large amounts of data to compete “effectively.”
Incumbent rural broadband carriers and competitors disagreed in response to a petition from Texas carriers asking the FCC to prohibit the use of E-rate dollars from the USF to overbuild fiber networks for schools and libraries (see 1905230005). In comments posted to docket 13-184 through Tuesday, incumbents said current competitive bidding rules for E-rate funding can favor large, regional providers over local rural carriers and lead to inefficient use of government dollars when they support the builds of redundant broadband networks at the expense of unserved institutions. Those opposing the petition wrote that the proposals could stifle broadband competition, raise prices for rural schools and libraries, and drive up costs to the USF.
The 9th Circuit U.S. Court of Appeals again upheld an RF safety law in Berkeley, California, that requires the wireless industry to provide a warning about possible dangers of too much exposure to wireless frequencies. The Supreme Court had required the appeals court to revisit its 2017 decision, appealed by CTIA, because of SCOTUS’ 2018 decision rejecting a California disclosure law in National Institute of Family and Life Advocates (NIFLA) v. Becerra (see 1809070041). Dissenting Judge Michelle Friedland would have preliminarily enjoined the law for unconstitutionally forcing businesses to make false or misleading statements. The ruling gives some leeway for localities to address constituents' RF concerns, said Best Best local lawyer Gail Karish.